Before the Federal Communications Commission Washington, D

5^ See FAQs: Missing Children, National Center for Missing and Exploited Children, http://www.missingkids.com/Missing/FAQ (last visited Jul. 1, 2016); citing NCIC Missing Person and Unidentified Person Statistics for 2014 Pursuant to Public Law 101-647, 104 Statute 4967, Crime Control Act of 1990 Requirements, National Crime Information Center, The Federal Bureau of Investigation (FBI), https://www.fbi.gov/about-us/cjis/ncic/ncic-missing-person-and-unidentified-person-statistics-for-2014 (last visited Jul. 1, 2016).

6^ See NCMEC May 5, 2015 Ex Parte at 1.

1^ See, e.g., Alerting Paradigm NPRM, 31 FCC Rcd at 604-605, para. 14; Review of the Emergency Alert System, EB Docket No. 04-296, Sixth Report and Order, 30 FCC Rcd 6520, 6545, n.178 (2015).

2^ See Memorandum from Polly Trottenberg, Under Secretary for Policy, Office of the Secretary for Transportation, and Robert S. Rivkin, General Counsel, Department of Transportation, Guidance on Treatment of the Economic Value of a Statistical Life in U.S. Department of Transportation Analyses (Feb. 28, 2013), http://www.dot.gov/sites/dot.gov/files/docs/VSL Guidance_2013.pdf (last visited Oct. 6, 2014).

3^ See id. (calculating VSL as $9.1 million using a base year of 2012); Department of Transportation Analysis – 2015 Adjustment, Memorandum from Kathryn Thomson, General Counsel, to Secretarial Officers and Modal Administrators (Jun. 17, 2015), https://www.transportation.gov/sites/dot.gov/files/docs/VSL2015_0.pdf (last visited Aug. 16, 2016). Income elasticity of 1.0 should be used to project VSL to future years, and estimating based on wage forecasts from the Congressional Budget Office that there will be an expected 1.07 percent annual growth rate in median real wages over the next 30 years). These estimates imply that VSL in future years should be expected to grow by 1.07 percent per year before discounting to present value.” See Memorandum from Polly Trottenberg, Under Secretary for Policy, Office of the Secretary for Transportation, and Robert S. Rivkin, General Counsel, Department of Transportation, Guidance on Treatment of the Economic Value of a Statistical Life in U.S. Department of Transportation Analyses (Feb. 28, 2013), http://www.dot.gov/sites/dot.gov/files/docs/VSL Guidance_2013.pdf (last visited Oct. 6, 2014). Where $9.1 million multiplied by 1.07 for each of the years between 2012 and 2016 to account for wage increases equals $9,496,000, or approximately $9.5 million.

4^ This reasoning is an example of a “breakeven analysis” recommended by the Office of Information and Regulatory Affairs (OIRA) in cases where precise quantification and monetization of benefits is not possible. See Office of Information and Regulatory Analysis (OIRA), Regulatory Impact Analysis: A Primer, https://www.whitehouse.gov/sites/default/files/omb/inforeg/regpol/circular-a-4_regulatory-impact-analysis-a-primer.pdf (last visited Aug. 16, 2016) (urging agencies to ask, “[h]ow large would the value of the non-quantified benefits have to be for the rule to yield positive net benefits?”).

5^ See supra note 360 (reporting the total number of deaths caused by severe weather in the United States since 2012); see also supra para. 358 (expressing record support for the proposition that the improvements we adopt to WEA today are likely to save lives); supra para. 92 (stating that WEA AMBER Alerts alone have been credited with the safe return of 19 children since the system’s deployment in 2012). Where $9.496 million x 3 = $28,488,000, an amount that, when accrued over the course of two years, would outweigh the one-time cost of compliance with our rules, $40 million.

6^ See infra para. 104 (discussing recordkeeping costs).

1^ See Tsunami of 2004 Fast Facts (updated Dec. 16, 2015), http://www.cnn.com/2013/08/23/world/tsunami-of-2004-fast-facts/ (last visited Aug. 18, 2016).

2^ See Shuan Sim, 2004 Indian Tsunami 10 Years Later, International Business Times (Dec. 24, 2014), http://www.ibtimes.com/2004-indian-ocean-tsunami-10-years-later-warning-system-installed-after-disaster-has-1763662 (last visited Aug. 18, 2016); Lori Valigra, Indian Ocean’s Tsunami Early Warning System Taking Shape, National Geographic News (Dec. 23, 2005), http://news.nationalgeographic.com/news/2005/12/1223_051223_tsunami_warning.html (last visited Aug. 18, 2016); cf. Jim Giles, Emma Marris, Indonesian Tsunami Monitoring System Lacked Basic Equipment, Nature, http://www.nature.com/news/2004/041229/full/news041229-4.html (last visited Aug. 18, 2016) (“A network of seabed pressure sensors and seismographs, run by the United Nations, can detect Pacific Ocean tsunamis within minutes. The system issued a warning about the 26 December earthquake just 15 minutes after it was detected, but the network is designed to serve countries around the Pacific Ocean, such as the United States and Australia. Officials in charge were unable to reach authorities in Indian Ocean nations.”).

3^ See Global Earthquake Model, Earthquake Consequences Database, Banda Aceh, Sumatra Indonesia (2004), http://gemecd.org/event/25 (last visited Aug. 18, 2016). Banda Aceh, Indonesia, the city with the highest number of casualties resulting from the Indonesian tsunami, had a population of approximately 223,446 before the December 2004 tsunami. See City Population, Indonesia: Urban Population of Cities, http://www.citypopulation.de/Indonesia-MU.html?cityid=998 (last visited Aug. 8, 2016) (estimating material damages as high as $574 billion). The total number of people reported missing or presumed dead is 227,898, with over 500,000 injured. See Tsunami of 2004 Fast Facts (updated Dec. 16, 2015), http://www.cnn.com/2013/08/23/world/tsunami-of-2004-fast-facts/ (last visited Aug. 18, 2016). Where 166,700/223,446 = .746, or 75 percent, as rounded to the nearest whole number. See also The Boxing Day Tsunami Facts and Figures, The Bolton Council of Mosques, http://www.thebcom.org/ourwork/reliefwork/96-the-boxing-day-tsunami-facts-and-figures.html?showall=1 (last visited Aug. 18 2016) (estimating $9.9 billion in material losses).

4^ See Francine Uenuma, 8.9 Magnitude Earthquake Triggers Tsunami in Japan, Hundreds Killed (Mar. 11, 2011), http://www.pbs.org/newshour/rundown/89-magnitude-earthquake-triggers-tsunami-in-japan-kills-at-least-40/ (last visited Aug. 8, 2016).

5^ See Lucy Birmingham, Japan’s Earthquake Warning System Explained, Time (Mar. 11, 2011), http://content.time.com/time/world/article/0,8599,2059780,00.html (last visited Aug. 8, 2016) (“the nationwide earthquake early-warning system has helped to lessen this unimaginable tragedy”).

6^ See Fukushima Deaths Now Higher than Tsunami, SkyNews, http://news.sky.com/story/fukushima-deaths-now-higher-than-in-tsunami-10416612 (last visited Aug. 8, 2016). The population of the city of Fukushima before the tsunami was 297,894. See City Population, Japan: Urban Population of Cities, http://www.citypopulation.de/php/japan-admin.php?adm2id=07201 (last visited Aug. 8, 2016). The total number of reported deaths resulting from the tsunami is 16,273, with 3,061 missing and 27,074 injured. See also EarthquakeReport, http://earthquake-report.com/2012/03/10/japan-366-days-after-the-quake-19000-lives-lost-1-2-million-buildings-damaged-574-billion/ (last visited Aug. 8, 2016) (estimating material damages as high as $574 billion).

7^ See Lucy Birmingham, Japan’s Earthquake Warning System Explained, Time (Mar. 11, 2011), http://content.time.com/time/world/article/0,8599,2059780,00.html (last visited Aug. 8, 2016) (“the nationwide earthquake early-warning system has helped to lessen this unimaginable tragedy”; https://sites.google.com/site/japantsunamivsindiantsunami/ (crediting differences in housing with controlling damage totals); see also Michael Dumiak, Make of Breaker: Can a Tsunami Warning System Save Lives During an Earthquake, Scientific American (Apr. 14, 2011), http://www.scientificamerican.com/article/can-tsunami-warning-system-save-lives-eartquake/?WT.mc_id=send-to-friend (last visited Aug. 23, 2016).

1^ See Christopher Joyce, Aleutian Quake Zone Could Shoot Big Tsunamis to Hawaii, California, NPR, All Things Considered (Jan. 12, 2016, 7:08 PM EST), http://www.npr.org/sections/thetwo-way/2016/01/12/462708068/aleutian-quake-zone-could-shoot-big-tsunamis-to-hawaii-california (last visited Sep. 14, 2016).

2^ See id.

3^ See, e.g., Facts About the New Madrid Seismic Zone, Missouri Department of Natural Resources, https://dnr.mo.gov/geology/geosrv/geores/techbulletin1.htm (last visited Aug. 18, 2016) (further estimating that a 7.6 magnitude earthquake along the New Madrid Seismic Zone could result in the death of .2 – 2 percent of the population being killed in counties around New Madrid).

1^ Department of Transportation Analysis – 2015 Adjustment, Memorandum from Kathryn Thomson, General Counsel, to Secretarial Officers and Modal Administrators (Jun. 17, 2015), https://www.transportation.gov/sites/dot.gov/files/docs/VSL2015_0.pdf (last visited Aug. 16, 2016) (stating that, pursuant to this approach, each type of injury is rated on a scale of quality-adjusted life years (QALYs) in comparison with the alternative of perfect health); see also Department of Transportation, TIGER Benefit-Cost Analysis (BCA) Resource Guide (2014) (expressing a conversion table for the KABCO scale, a method of measuring injury prevention normally used by law enforcement, to the AIS scale).

2^ Department of Transportation Analysis – 2015 Adjustment, Memorandum from Kathryn Thomson, General Counsel, to Secretarial Officers and Modal Administrators (Jun. 17, 2015), https://www.transportation.gov/sites/dot.gov/files/docs/VSL2015_0.pdf (last visited Aug. 18, 2016).

3^ Department of Transportation Analysis – 2015 Adjustment, Memorandum from Kathryn Thomson, General Counsel, to Secretarial Officers and Modal Administrators (Jun. 17, 2015), https://www.transportation.gov/sites/dot.gov/files/docs/VSL2015_0.pdf (last visited Aug. 16, 2016) (stating that, pursuant to this approach, each type of injury is rated on a scale of quality-adjusted life years (QALYs) in comparison with the alternative of perfect health); see also Department of Transportation, TIGER Benefit-Cost Analysis (BCA) Resource Guide (2014) (expressing a conversion table for the KABCO scale, a method of measuring injury prevention normally used by law enforcement, to the AIS scale). The AIS scale is one of the most widely used methods of describing the severity of traumas. See, e.g., Daniel Davis, et al., The Impact of Hypoxia and Hyperventilation on Outcome after Paramedic Rapid Sequence Intubation of Severely Head-injured Patients, The Journal of Trauma, Injury, Infection and Critical Care, (2004); Demetrios Demetriades et al., Mortality Prediction of Head Abbreviated Injury Score and Glasgow Coma Scale: Analysis of 7,764 Head Injuries (2004).

4^ See Department of Transportation Analysis – 2015 Adjustment, Memorandum from Kathryn Thomson, General Counsel, to Secretarial Officers and Modal Administrators (Jun. 17, 2015), https://www.transportation.gov/sites/dot.gov/files/docs/VSL2015_0.pdf (last visited Aug. 16, 2016). The following coefficients are applicable to injuries of various severities listed in ascending order (Minor, .003), (Moderate, .047), (Serious .105), (Severe .266), (Critical, .593), (Unsurvivable, 1.000). See id.

5^ See supra note 360 (reporting the total number of injuries caused by severe weather in the United States since 2012 as 9,766 and the total number of deaths as 1,814, a ratio of 5.2 to 1).

6^ See supra para. 93 (reasoning that if the improvements to WEA we adopt today save only three lives, their benefits would outweigh their costs).

7^ The prevention of 15 injuries would produce a public benefit of $437,320 where all injuries were considered to be “Minor” on the AIS scale. See supra note 382 (using a coefficient of .003 of VSL for injuries considered to be “Minor”).

8^ The prevention of 15 injuries would produce a public benefit of $84,466,920 where all injuries were considered to be “Critical” on the AIS scale. See supra note 382 (using a coefficient of .593 of VSL for injuries considered to be “Critical”). We decline to consider “Unsurvivable” injuries in this analysis as they would be included in our analysis of WEA’s ability to save lives, above. See supra para. 93.

9^ Where $9,496,000 (VSL) x .593 (the VSL coefficient for a critical injury) x 8 = $45,049,024, an amount greater than the $40 million one-time cost of compliance with our rules.

1^ Letter from Barry Ritter, Executive Director, Indiana Statewide 911 Board, to Marlene Dortch, Secretary, FCC, PS Docket No. 15-91, at 1 (filed Aug. 23, 2016) (Indiana Statewide 911 Board Aug. 23, 2016 Ex Parte); accord APCO Comments at 6; Austin HSEM Comments at 2.

2^ See, e.g., Emergency Communications Frequently Asked Questions, Shenandoah County, http://shenandoahcountyva.us/emergency-communications/home/frequently-asked-questions/ (last visited Aug. 16, 2016) (stating that “[i]f a caller to 911 hangs up without stating the problem, the caller must be contacted in order to ensure that no actual emergency exits. This may involve the dispatching of a law enforcement officer to your home or place of business in order to ensure that a problem does not exist.”).

3^ See Indiana Statewide 911 Board Aug. 23, 2016 Ex Parte at 1.

4^ See id.

5^ See supra para. 92 (describing extent of damage caused by events WEA is designed to mitigate, and the record demonstrating that WEA saves lives and prevents injuries); see also Indiana Statewide 911 Board Aug. 23, 2016 Ex Parte at 1 (stating that “[i]t is my opinion that an expanded use of Emergency Alert Systems will have the same results” as reverse text-to-911).

6^ See supra para. 18 (describing the benefits of expanding the maximum character length); see also APCO Comments at 6; Austin HSEM Comments at 2.

7^ See Indiana Statewide 911 Board Aug. 23, 2016 Ex Parte at 1. For example, the record shows that improvements to geo-targeting will help to reduce milling, and hasten protective action taking during emergencies. See supra para. 58 (describing the benefits of improved geo-targeting).

8^ See Alex Tabarrok, Firefighters Don’t Fight Fires, MarginalRevolution (Jul. 18, 2012), http://marginalrevolution.com/marginalrevolution/2012/07/firefighters-dont-fight-fires.html (last visited Aug. 23, 2016) citing John Donovan, Fire Department Takes Medical Calls in Stride, ABCNews (Mar. 24, 2010), http://abcnews.go.com/Nightline/firefighters-medical-calls-health-costs/story?id=10181852#.UABoKB3yw1e (last visited Aug. 23, 2016).

9^ This would likely represent a floor on the number of times first responders are deployed to as scene nationwide, as Washington DC, if it were a state, would be the smallest state in the United States.

10^ Where the average number of firefighter deployments per day in Washington DC (25), multiplied by the number of days in a year (365), multiplied by the number of states in the United States (50) is 456,250, and the cost per deployment is $3,500. 25 x 365 x 50 x $3,500 = $1,596,875,000.

11^ Where first responders are deployed at least 456,250 times per year in the United States, 1.7 percent of that is 7756.25, and 7756.25 x $3,500 = $27,146,875, greater than the one-time cost of compliance our rules $27 million.

1^ See E-mail from Joe McConnell, Navy Program Manager for Anti-Terrorism/Force Protection, to Debra Jordan, Deputy Chief, Public Safety and Homeland Security Bureau, FCC (Aug. 18, 2016) (on file with the Commission); Solicitation/Contract/Order for Commercial items, N66001-14-C-0014, SPAWAR Systems Center Pacific, Jesse Martinez (2014) (on file with the Commission).

2^ See, e.g., ECN, ECN Client Receives Innovation Award for Implementation of CodeRED Weather Warning (Aug. 29, 2012) (describing CodeRed as an alerting service to which consumers are, by default, opted out).

3^ See IPAWS Memorandum of Agreement (MOA) Application, OMB Control No. 1660-0140, http://www.fema.gov/media-library-data/1456953838440-0dfe80f6595d6e593b5a36ffbe65fe08/FEMAForm007-0-25_8-10-2015.pdf (last visited Aug. 16, 2016).

1^ See WARN Act § 602, 47 USC § 1202.

2^ See infra Appx. C, Section E (Final Regulatory Flexibility Analysis, Steps Taken to Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered).

3^ WEA NPRM, 30 FCC Rcd at 13818, para 79.

4^ See WARN Act § 602(b)(2)(D), 47 USC § 1202(b)(2)(D).

5^ See, e.g., Letter from Pamela Gist, Counsel for Bluegrass Cellular, Inc., to Marlene Dortch, Secretary, FCC, PS Docket No. 15-91, at 1 (filed Sept. 1, 2016) (explaining that Bluegrass Cellular “expects to be able to comply with expanded WEA rules if provided adequate lead time, and if the required technology is available from key providers”); Letter from Ben Moncrief, Vice President, Government Relations, C Spire, to Marlene Dortch, Secretary, FCC, PS Docket No. 15-91 (filed Aug. 18, 2016) (C Spire Aug. 18, 2016 Ex Parte); Letter from Larry Lueck, Associate Legal Counsel, Cellcom, to Marlene Dortch, Secretary, FCC, PS Docket No. 15-91 (filed Aug. 22, 2016) (Cellcom Aug. 22, 2016 Ex Parte).

1^ See supra note 352 (describing our method for calculating the one-time total cost imposed on Participating CMS providers for standards development, software modification, and recordkeeping).

1^ See infra note 420 (demonstrating that the cost to modify a single standard or specification is $72,930). Where $72,930 x 9 = $656,370; see also infra note 413 (listing the nine unique standards that will need to be modified in order to facilitate compliance with our rules).

2^ The annual compensation for senior network engineers in the 90^th percentile of the industry in 2016 is $124,486, or $78.60/hr. See Payscale, Sr Network Engineer, http://www.payscale.com/research/US/Job=Sr (last visited Aug. 2, 2016). Network_Engineer/Salary. While individuals other than Senior Network Engineers may participate in standards-setting bodies relevant to WEA, we reason that the majority of participants would be senior network engineers, and in any case, the compensation for such an individual represents a reasonable benchmark for the compensation of other professionals with special skills that may be appropriate for this purpose, such as attorneys and software engineers. These compensation numbers do not include benefits. According to Bureau of Labor Statistics, benefits (including paid leave, supplementary pay, insurance, retirement and savings, and legally required benefits) add 50% to compensation for the information industry as a whole, and for the category including management, professional and related. See Bureau of Labor Statistics, Employer Costs for Employee Compensation Supplementary Tables March 2016, Table 8, page 9, http://www.bls.gov/ncs/ect/sp/ecsuptc38.pdf. We therefore add $62,243 to the salary of $124,486, to arrive at a total compensation estimate of $186,729, which we round to $187,000, or $93.50 per hour. Other estimates of compensation follow, all lower than the estimate we use for analysis. Payscale.com is an organization committed to leveraging data and crowdsourcing to provide better intelligence for companies and employees about compensation. See About Payscale, http://www.payscale.com/about (last visited Jul. 29, 2016). Glassdoor analysis for a network engineer’s compensation is based on 12,385 crowdsources reports. https://www.glassdoor.com/Salaries/network-engineer-salary-SRCH_KO0,16.htm (last visited Aug. 2, 2016).

3^ See, e.g., AT&T May 5, 2015 Ex Parte at 1 (AT&T believes that [an increased message length] can be accomplished in LTE Networks following the release of the ATIS feasibility study and the completion of appropriate standards.”); T-Mobile Comments at 4 (“Because WEA message length will vary depending on whether it is delivered over a legacy or an advanced network, standards and technical changes must be implemented before expanded WEA messages are made available to prevent consumers from receiving multiple WEA messages in cases where they travel from a 4G LTE network (triggering 360-character message) to an earlier generation network (triggering a 90-character message).)”; FEMA Comments at 2 (“IPAWS PMO recommends that both a 90 character and a 360 character message should be separately crafted so that each message contains all needed message components presented in the proper order to encourage appropriate action in the public.”).

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